2009 Course Descriptions

Note: This is a tentative list of courses to be offered to students enrolled in the Master of Laws, Master of Business Law or Master of Comparative Law degrees. The Law School reserves the right to make changes to this programme.

LAW 7034 Anti-Discrimination Law: Practice & Theory (PG)

LAW 7007 Comparative Constitutional Law (PG)

LAW 7024 Comparative Law (PG)

LAW 7092/7085 Contractual Relations (PG)

LAW 7057 Corporate Governance (PG)

LAW 7150 European Business Law (PG)

LAW 7063 Government Business and Regulation (PG)

LAW 7064 Intellectual Property Law (PG)

LAW 7065 International Commercial Arbitration (PG)

LAW 7076 International Economic Law (PG)

LAW 7040 International Environmental Law (PG)

LAW 7070 International Trade Law (PG)

LAW 7115 Insolvency Law (PG)

LAW 7038 Law of Debtor & Creditor (PG)

LAW 7009 Mining & Energy Law (PG)

LAW 7093/7087 Negligence & Intentional Wrongs (PG)

LAW 7094/7111 Principles of Australian Law (PG) 

LAW 7066 Private International Law (PG)

LAW 7042 Technology, Law & Society (PG)

LAW 7073 Transnational Crime & Terrorism (PG)

LAW 7124 Workplace Bargaining (PG)

LAW 7034 Anti-Discrimination Law: Practice & Theory (PG)

The course will consider the legislative and common law framework which regulates discrimination in Australia. It will assess the Commonwealth and South Australian anti-discrimination legislation in terms of their conceptual underpinnings, constitutional basis, legislative structure, procedures and remedies. In addition to introducing students to the current anti-discrimination regime in Australia, the course will facilitate continued engagement with anti-discrimination legislation (necessary in this fast developing arena) through examination of the theoretical framework of anti-discrimination legislation and theories of equality and discrimination. In order to expand understanding of the operation and limitations of the Australian legislation, there will also be a comparative analysis of aspects of equality and anti-discrimination law in Europe and North America

LAW 7007 Comparative Constitutional Law (PG)

This course will explore a number of the essential features of constitutional law of Western countries which are comparable to Australia and will compare them with the equivalent features of the constitutional law of one or more other jurisdictions (including Australia). In particular the subject will consider the method, technique and role of the judiciary in the interpretation of the other constitutions. Other aspects that will be investigated include: court structure; the executive; the legislature; the protection of fundamental rights; and federalism.

LAW 7024 Comparative Law (PG)

This course will cover the following topics: comparative law as an academic discipline; the world’s families of legal systems; comparative evaluation of the merits of differing legal solutions to social problems; legal history and comparative law; law understood as divine revelation and law as a human creation (exemplified by an analysis of the roots of European and North American law and a survey of the history and present day practice of Islamic law); the impact of the philosophy of the Enlightenment on European and North American law (the theory and practice of human rights and the codification movement in civil law and common law countries); codified and uncodified law, highlighting prominent features of civil law and common law systems, eg, the rule of precedent (common law), reliance on good faith (civil law) and differing standards of interpretation of statute law; the investigatory civil procedure (civil law) and the adversarial civil procedure (common law). Selected civil law judgments (translated into English) and common law judgments which have similar fact patterns will be compared.

LAW 7092/7085 Contractual Relations (PG)

This course acquaints students with the content and application of common law, equitable and statutory rules relating to enforceable agreements and puts those rules in their practical and social perspective. Although the course is not concerned with the various statutory modifications made with respect to specific classes of contract (eg employment, land, consumer finance etc), which are dealt with in other courses, an understanding of the basic conception of a contract is vital not just as a starting point for those statutory models but also for an understanding of everyday commercial agreements. The following topics will be covered: creation and content of a contract (formation, privity, agency, terms); statutory remedies for misleading and deceptive conduct in trade and commerce; misrepresentation; unconscionable dealing; improper pressure; performance and discharge of obligations (performance, breach, frustration, variation and discharge by agreement); and remedies (enforcement, compensation, restitution).

LAW 7057 Corporate Governance (PG)

LAW 7150 European Business Law (PG)

This course examines the legal framework for the conduct of business in the European Community as well as the wider implications of the role played in international trade by the EC as a trading power. The course seeks to analyse in detail the mechanisms for the creation and maintenance of the single market within the EC. To this end it considers the critical areas of free movement of goods, persons, services, economic enterprises (establishment) and capital as well as the contingent issues of taxation and harmonisation.
Topics covered in this course will include: background to the free trade area; creating the internal market; free movement of goods; the external economic relation of the EU – the common commercial policy; intellectual property; free movement of workers; freedom to provide and receive services; free movement of capital; European monetary union; collision of EC economic rights with human rights and fundamental freedoms; regulating the internal market – harmonisation; competition law; state aids; mergers and acquisition in the EU; modernisation of European competition law; the European Union as a world trade actor

LAW 7063 Government Business and Regulation (PG)

This course will examine legal principles of government procurement, including the powers and limitations on government instrumentalities entering into contracts, the respective roles of the three branches of government in the process, the processes of contract formation and ongoing contractual management, the resolution of disputes arising out of both processes and the various forums for dispute resolution. Topics will include: open tenders and sealed bids; negotiation; the problems of offer, acceptance and consideration; the authority of government agents to contract; crown privileges and immunities – including government liability in contract, tort and equity; the government and the Trade Practices Act and Fair Trading legislation; contract administration and variation, including the impact of evolutionary or relational theories of contract upon the management of government contracts; contract termination; executive necessity; legislative overriding of contractual obligations; raising an estoppel against the government; administrative law remedies for breach of contract; the accountability structure of government as it impacts on contracts with government.

LAW 7064 Intellectual Property Law (PG)

This course aims, through a treatment of laws relating to patents, trademarks, confidential information, copyright and other regimes, to examine the protection provided by the law in regard to ideas, inventions, information and other forms of creative effort. The course also aims to explore how the law deals with a particular problem, and how in solving that problem the law must balance interests and protect investment while taking into account the public welfare and technological developments. The course will explore the inter-relationship of the different regimes in the commercialisation or exploitation of intellectual property. Upon completion of the course, students will have a basic grounding in the law of the area, its limitations, policies and objectives, including the basic features of the various systems of protection.

LAW 7065 International Commercial Arbitration (PG)

International commercial arbitration has become the primary form of dispute resolution in international trade settings. This course will consider: the nature of international arbitration including its advantages and disadvantages as a form of dispute resolution in the international trade context; the distinction between international and domestic arbitration; jurisdictional issues relevant to international arbitration; choice of law in international arbitration; the UNCITRAL Model Law and its application in Australia and elsewhere; other model rules; enforcing international arbitration agreements; appointment and qualifications of arbitrators; due process review of the arbitration – including bias, failure to observe procedural fairness; privacy and confidentiality of the parties and evidence; challenging the award; enforcing the award.

LAW 7076 International Economic Law (PG)

This course is an introduction to the multilateral legal trading system. The agreements of the World Trade Organization (WTO) are reviewed from both a policy and law perspective. The foundation principles of free trade – most favoured nation; national treatment and tariff bindings – as embodied in the General Agreement on Tariff and Trade (GATT) are examined. In addition, the most important regional trade agreements (ie, European Union and NAFTA) are analysed in the context of the multilateral trading system. Finally, we examine the evolving WTO jurisprudence as a result of more than 300 cases brought under the new WTO dispute settlement mechanism.

LAW 7040 International Environmental Law (PG)

After a brief introduction concerning the origin and the history of international environmental law the current system of law-making will be the main focus of the course. Analysis of the relevant actors such as States and their representatives, governmental and non-governmental organisations, expert bodies and the national electorates. Analysis of the various sources of environmental legislation, the treaty law constituting the main focus of attention. Instruments, such as the international regimes on ozone protection, climate change or biodiversity will be examined and compared to non-binding instruments, such as the Stockholm and the Rio Declaration or Agenda 21. On the one hand the course will deal with the material contents and the effectiveness of each of these instruments. On the other hand, they will serve to illustrate different regulatory approaches and techniques (such as the so-called framework-protocol-approach) that are typical of international environmental law-making. Special emphasis will be put on comparing the effectiveness and the modalities of treaty implementation in various countries against the background of cultural, economic, social and other differences. Finally, a typical negotiation scenario – such as the Conference of the Parties dealing with the Kyoto Protocol – will be simulated. Students will be provided with the bargaining positions of individual actors (as far as these are available) in order to re-enact the actual negotiation process and to come up with possible solutions.

LAW 7070 International Trade Law (PG)

This course will examine the law governing international transactions including contracts for the sale of goods, transport, payment and insurance. In addition, the course will look at the legal vehicles available to facilitate international transactions including distribution, agency, licensing, franchising and transfer of technology. Dispute resolution methods applicable to international transactions will be examined. Choice of law and the recognition of foreign awards and judgements will also be considered.

LAW 7115 Insolvency Law (PG)

The course will cover insolvency of corporations and individuals, and will include: an introduction to the theory, policy and history of insolvency law, and to its fundamental principles; an introduction to the main forms of insolvency procedure for individuals (bankruptcy and its alternatives) and corporations (liquidation, voluntary administration, and receivership); issues in relation to personal insolvency including consumer bankruptcy, the property of the bankrupt ‘estate’, and the rights of bankrupts and restrictions upon them; the role and duties of directors; the regulation and reform of insolvency law and the profession, and ‘globalisation’ of insolvency law and practice through involvement of international bodies; an introduction to cross-border insolvency. By the end of the course students should have a grounding in the basic principles and rules of Australian insolvency law, an understanding of, and ability to evaluate, the key theoretical and policy issues affecting insolvency law and its reform, an appreciation of contemporary international developments, and an ability to research and analyse problems on Australian insolvency law.

LAW 7038 Law of Debtor & Creditor (PG)

Debtor-creditor law governs the legal rights and obligations arising out of the debtor-creditor relationship. The course commences with a review of the distinction between secured and unsecured creditors where the nature of security interests, including guarantees, will be considered, together with the enforcement rights thereunder. Other creditor protective measures will be considered, including proprietary rights over a debtor’s property arising through reservation of title clauses and the trust concept, as well as protection afforded to particular creditors under legislation. The next major component of the course relates to debt collection practices, credit reporting, and their regulation, with particular emphasis on out of court abusive collection processes and the protection of debtors, particularly consumer debtors, from such practices. In this context there will be scope to undertake comparison with initiatives implemented in overseas jurisdictions. Finally the course will review fundamental aspects of the personal and corporate insolvency processes where the debtor is insolvent. Again there will be scope for comparison with overseas jurisdictions in this regard.

LAW 7009 Mining & Energy Law (PG)

The course examines the law and practice relating to the ownership and development of on-shore and off-shore mineral and petroleum resources in Australia. It covers the development of legislation with reference to exploration, extraction and the enforcement of mining and petroleum interests. Community and social issues will be discussed, including the relationship between mining and indigenous people, environmental controls over mining production, and the corporate social responsibility of companies operating overseas, including the links between resource exploitation, the environment and human rights. We will look at international boundary disputes, including the dispute over the Timor Sea. The course will also deal with international and national regulation to address climate change, including legislation to encourage renewable energy resources and to establish an emissions trading scheme in Australia. The regulation of uranium mining will also be covered.

LAW 7093/7087 Negligence & Intentional Wrongs (PG)

This course considers the tort of negligence including defences, with some consideration to damages, concurrent liability and alternative methods of providing compensation for accidental injury. A representative range of other torts and their defences that may include intentional torts to the person and torts to physical objects will also be examined.

LAW 7094/7111 Principles of Australian Law (PG)

This course provides an introduction to Australian law and the Australian legal system, forming a basis for the further study of law. In particular, the course examines law making and court processes and hierarchies in Australia; the role of courts and legislatures in Australia, including their historical background and the development of the Australian legal system; legal system taxonomy, including the Australian federal system, public and private law, other families of legal systems, including the international legal system and comparative law; an introduction to human rights law; and an introduction to legal theory, addressing the nature of law and critical legal thinking. The course will also provide an introduction to legal research and problem solving.

LAW 7066 Private International Law (PG)

The course deals with the law applicable to international business transactions, including the law of contract, the law of torts, and equitable duties. It will also examine the recognition of foreign law as well as the recognition of Australian law overseas, in particular of law, which purports to apply extraterritorially. In this context, the course will critically evaluate whether the law appropriately balances comity against sovereignty. The development of international treaties to achieve such a balance will also be considered. The jurisdiction of Australian courts over defendants resident in other countries and the mutual recognition of jurisdiction over Australian defendants by foreign courts will be studied. The recognition of foreign judgements and awards and international treaties governing mutual recognition will also be examined.

LAW 7042 Technology, Law & Society (PG)

This course will consider how the law impacts on technology – both by regulation and facilitation. The roles of statute, tort and contract will be considered, along with comparative and transnational approaches and extra-legal means of control of technology. These general issues will be considered in the setting of specific situations such as the following topics: regulating information and communication technologies; identification, privacy, data-mining and retention of information; e-risk management, trust and security technologies; digital evidence and e-discovery; e-forensics and expert evidence; virtual worlds and social networks; and digital divides.

LAW 7073 Transnational Crime & Terrorism (PG)

Contemporary crime and criminal justice is increasingly characterised by the globalisation of criminal activities and international efforts to combat transnational crime. The focus of this course is with the growing body of international criminal law, increasing numbers of international conventions to combat transnational crime and domestic efforts in Australia to accede to and implement this body of law. This course is concerned with the criminalisation of transnational criminal activities, and national, regional and international efforts to investigate such crime and prosecute offenders. The course examines the opportunities and limitations of international conventions on the prevention of crime. Australia’s experiences with transnational criminal activities and its efforts to fight these activities.

LAW 7124 Workplace Bargaining (PG)

The process for setting wages and conditions through both collective and individual negotiations has assumed a central importance in the regulation of workplace relations. Following a general introduction to the principles of Australian labour law, the course examines the nature and extent of collective bargaining, the processes for making, varying, terminating and enforcing collective agreements, the use and significance of individual workplace agreements, and the regulation of industrial action. Particular topics covered include the special regulation that applies in the building and construction industry, and international labour standards concerning the ‘right to strike’. The course also focuses on the political, economic and social controversies surrounding the reform of workplace bargaining laws, especially under the Howard and Rudd Governments.